Can I defend an accusation of using a Phone when driving?

Question

Police accused me of using a hand held Mobile when driving. I denied this and contacted my Network for a list of call activity. This confirms that I was not using the Phone to make Calls or Texts. However, only a High Court or Police can get records of In Coming Calls. As I am being tried in a Magistrates court I can not get the Incoming Call Log.

At time when Police seen me with the 'Phone', i was in fact holding a small coke bottle. A promotional black bottle. This I believe they have mistaken for a Phone. Have I got any chance of a legal Defence in the Magistrates Court?

Answer 1

you can always take the black coke bottle in and show the what you were doing and then go on the internet and go on your retailer's webstite and log on to get you phone log. if you got it off the phone(your call log) you can cal again and record it.

hope it helpzzz

good luck

Answer 2

maybe tell the judge your story maybe they will even subena your records for you

Answer 3

I would at least attempt to make a case out of it, I mean who wants to pay for something, especially that they didn't do, take the case to court and bring the evidence that you have(supposed coke bottle, phone records) and should the court have any issues with the evidence just explain that you were proactive on your part and you secured all the information that you could but given the circumstances you need the court to request the incoming call records and request a continuance. If your lucky they will help you out or they may dismiss the case all together.

If you feel strongly enough about this situation then fight it, just be prepared to spend time away from work and other responsibilities in the process. Good luck.